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with candidate registration (in first instance or on appeal) is the political elected body
concerned, in particular the parliament.
c. Competent bodies regarding voting and counting/tabulation procedures
41. In first instance – In 35 countries, election commissions,55 in six countries ad hoc
committees or municipalities’ councils, administrative authorities or elected bodies56 and in
19 countries a court57 are competent with regard to complaints (including objections or
observations) on voting procedures – during early voting, if any, or on election day – including
counting and tabulation procedures.
42. On appeal – In 37 countries, the competent body dealing on appeal with complaints on
voting procedures – during early voting, if any, or on election day, including counting and
tabulation procedures – is a court.58 In 10 countries, the final instance is not a court.59
43. The decisions regarding voting and counting/tabulation procedures, which are very
sensitive stages of the electoral process in any country, require the possibility of an appeal in
second instance at least, as recommended by international standards.60 Contesting in first
instance a voting procedure or a procedure concerning the counting and tabulation period
means in most cases complaining about a situation occurring at the polling station, i.e. either
during the pre-opening stage, during the polling or during the counting and tabulation stages
– if they take place at the polling station. Such a complaint should as a rule go to the superior
election commission or to a court when it regards an action or inaction by the central election
body. At least this works for the countries having autonomous, i.e. separate election
commissions vis-à-vis the public administration. In these systems, where most of the countries
have a three-tier election administration, the election-day related operations contested will be
dealt with by the competent district or regional – or equivalent – election commission. A
complaint on a decision or action or inaction done by the intermediate level of election
commissions will be generally contested before the central election body. Where such a
separate structure of election administration does not exist, it can be justified that the
complainant goes to the competent – most often local or regional – court to challenge a voting
or counting/tabulation procedure in first instance. Indeed, there would be a risk of conflict of
interest or of a lack of impartiality if a local, regional or central competent administration – a
55
Albania, Armenia, Austria (election result), Azerbaijan, Bulgaria, Bosnia and Herzegovina, Canada, Croatia
(when challenging elections results - further “election results”) Czech Republic, Estonia (election results), France,
Georgia, Hungary (election results), Kazakhstan (or court), Republic of Korea, Kosovo (election result), Kyrgyzstan,
Latvia (polling station commission), Lithuania, Malta, Mexico, Republic of Moldova, Montenegro, the Netherlands,
North Macedonia (election results), Peru, Romania (Permanent Electoral Authority), San Marino, Serbia, Slovenia,
Spain, Sweden (election results), Tunisia, (election results), Turkey, Ukraine.
56 Belgium, Denmark (The Folketing – election results), Iceland (Parliament – election results), Liechtenstein
(government – election result), Norway (parliament – election result) Switzerland.
57 Algeria, Andorra (election results), Chile, Costa Rica (election results; Tribunal Supremo de Elecciones as a
jurisdictional body), Brazil, Finland (election results), Germany (election results), Ireland (election results) Italy,
Luxembourg (election results), Monaco (election results), Morocco, Poland (election results) Portugal (election
results), Russian Federation (election results), Slovak Republic (election results), Ukraine (any complaints relating
to voting, count of votes, tabulation of election results by the lower election commissions, and establishment of the
results by the CEC), United Kingdom (election results), United States of America (election results).
58 Algeria, Andorra (election results), Armenia, Austria (election results) Azerbaijan, Bulgaria (election results),
Brazil, Canada, Chile, Costa Rica (election results), Croatia (election results), Estonia (election results), Finland
(election results), France (election results), Georgia, Germany (election results), Hungary, Italy, Kazakhstan (or
superior election commission), Republic of Korea (elections results), Kosovo (election results), Kyrgyzstan (election
results), Latvia (election results), Liechtenstein (election results), Lithuania, Malta, Mexico, Republic of Moldova,
Monaco, Montenegro, Morocco, North Macedonia (election results), Portugal (election results), Spain, Switzerland,
Tunisia (election results appeal), Ukraine.
59 Albania, Belgium, Bosnia and Herzegovina, Czech Republic, the Netherlands, Romania (Permanent Electoral
Authority), San Marino, Serbia (Republic Electoral Commission), Slovenia (election results), Turkey (Superior
Election Commission).
60 See in particular the Code of good practice in electoral matters, Guideline II. 3.3, d.